[Ord. No. 1050, 11/18/2019]
1. 
For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words are gender neutral.
B. 
The word "includes" or "including" shall not limit the term to the specific example, but is intended to extend its meaning to all other instances of like kind and character.
C. 
The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
D. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
E. 
The words "used" or "occupied" include the words "intended, designed, maintained, or arranged to be used or occupied."
F. 
The word "land" shall include water surface.
G. 
The word "Supervisor" shall mean the elected members of the Township Board of Supervisors of Ferguson Township, Pennsylvania.
H. 
The phrase "Board Member" shall mean the members of the Zoning Hearing Board of Ferguson Township, Pennsylvania.
I. 
The word "Manager" shall mean the Township Manager of Ferguson Township, Pennsylvania.
J. 
Any reference to the Township Manager, Planning Commission, Township Engineer or other administrative official of Ferguson Township, Pennsylvania, shall include their designees.
K. 
Abbreviations.
ADA
Americans with Disabilities Act
ASTM
American Society for Testing and Materials
EPA
Environmental Protection Agency
FEMA
Federal Emergency Management Agency
FHA
Federal Housing Administration
HOP
Highway Occupancy Permit
HVAC
Heating, Ventilating, and Air Conditioning
MPC
Municipalities Planning Code[1]
NFPA
National Fire Protection Association
NPDES
National Pollutant Discharge Elimination System
PADEP
Pennsylvania Department of Environmental Protection
PennDOT
Pennsylvania Department of Transportation
PUC
Pennsylvania Public Utility Commission
SALDO
Subdivision and Land Development Ordinance
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 1050, 11/18/2019]
Unless a contrary intention clearly appears, the following words and phrases shall have the meanings given in this section. All words and terms not defined herein shall be used with a meaning of standard usage as defined in Merriam Webster's Collegiate Dictionary, Eleventh Edition.
ACREAGE OF PROPERTY
The area contained within the perimeter boundary of a lot.
AMENDMENT
Any change or revision of the text of this chapter.
APPLICANT
A subdivider, landowner, or developer, as hereinafter defined, who has filed an application for subdivision or land development, including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit and an application for the approval of a development plan.
APPROVED PRESERVED TREE
Any tree that is inside the limit of disturbance and is to be properly protected and not destroyed or injured during construction as required by this chapter and as suggested by the owner and approved by the Township Arborist.
[Added by Ord. No. 1067, 4/8/2021]
ARBORIST
The Arborist of Ferguson Township. The Arborist is a professional in the practice of arboriculture. This term shall include the Township Arborist as well as any consultants engaged to perform similar services in the promulgation and enforcement of the Ferguson Township Ordinances.
[Added by Ord. No. 1067, 4/8/2021]
AVERAGE DAILY TRAFFIC (ADT)
The total volume during a given time period (in whole days, greater than one day and less than one year) divided by the number of days in that time period. For new residential streets and driveways, the expected ADT is determined by using the Trip Generation Rates Table found in the current ITE Trip Generation Manual.
BICYCLE PARKING SPACE
A physical space that is a minimum of 2.5 feet in width by six feet in length with a vertical clearance of at least seven feet that allows for the parking of one bicycle, and, if located outside, is hard-surfaced and well drained.
BIKE LOCKER
A lockable enclosure consistent with industry standards that:
1. 
Can hold one bicycle;
2. 
Is made of durable material;
3. 
Is designed to fully protect the bicycle against rain, snow, ice, and high winds;
4. 
Provides secure protection from theft;
5. 
Opens sufficiently to allow bicyclists easy access; and
6. 
Is of a character and color that adds aesthetically to the immediate environment.
BIKE RACK
A device consistent with industry standards that:
1. 
Is capable of supporting a bicycle in a stable position;
2. 
Is made of durable materials;
3. 
Is no less than 36 inches tall (from base to top of rack) and no less than 1.5 feet in length;
4. 
Permits the securing of the bicycle frame and one wheel with a U-shaped lock; and
5. 
Is of a character and color that adds aesthetically to the immediate environment.
BIKEWAY
Any road, path, or way which, in some manner, is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
BLOCK
An area bounded by streets, rights-of-way, streams or other similar natural features.
BOARD OF SUPERVISORS
The governing body of the Township of Ferguson, Centre County, Pennsylvania.
BOULEVARD-TYPE ENTRANCE
Any entrance with two distinct travel lanes which are separated by a median which is a minimum of 10 feet wide.
BOUNDARY TREE
A tree on an adjacent property whose root dripline intrudes across the property line of the property under consideration.
[Added by Ord. No. 1067, 4/8/2021]
BUILDING
A structure, including any part thereof, having a roof and used for the shelter or enclosure of persons or property.
CALIPER
A measure of nursery stock measured in diameter. For four-inch diameter stock or smaller, the measure is taken at six inches above the root ball. For stock above four inches, the measurement is taken at 12 inches above the root ball.
[Added by Ord. No. 1067, 4/8/2021]
CANOPY TREE
A tree, either single-stemmed or multi-stemmed (clump form), which has a caliper of at least two inches at planting and is of a species which, at maturity, shall reach a height of at least 30 feet with a spread of at least 30 feet. See the Township's official plant list for a listing of permitted canopy trees.
[Added by Ord. No. 1067, 4/8/2021]
CARTWAY
The portion of a street right-of-way designed or intended for vehicular use.
CENTER LINE
A line running parallel to and equidistant from both sides of a street.
CENTRE REGIONAL PLANNING AGENCY
See "planning agency."
CENTRE REGIONAL PLANNING COMMISSION
See "planning agency."
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at the intersection of two streets or the intersection of a driveway with a street, intended to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision.
COMMUNITY SEWAGE SYSTEMS
Any system for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site other than a public sanitary sewer system.
COMMUNITY WATER SYSTEM
Any public or private water system that serves more than 15 homes or 25 residents.
COMPREHENSIVE PLAN
The 2013 Centre Region Comprehensive Plan, as amended.
CONDOMINIUM
A lot or structure(s) of a lot where a portion(s) of which are designated for separate ownership and the remainder of which is designated for common ownership solely controlled by the owners of the said portions.
COUNTY
The County of Centre, Commonwealth of Pennsylvania.
CROSSWALK
A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
CUL-DE-SAC
Any roadway with a single means of entry and exit. The cul-de-sac has two parts, the stem and turnaround. The cul-de-sac is measured from the end of the turnaround to the point where the stem intersects with a roadway that has two means of entry and exit.
CURB RETURN
A curved curb connecting the tangents of two intersecting curbs of streets or driveways.
CUT
The difference between a point on the original ground and a designated point of lower elevation on the final grade; an excavation.
DEDICATION
The conveyance of land or objects to some public use, made by the owner, and accepted for such use by or on behalf of the public by a municipality, school district, or public authority. The Township may or may not accept the offer of dedication.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (PADEP)
The Department of Environmental Protection in the Commonwealth of Pennsylvania, its bureaus, divisions, departments and/or agencies, as may from time to time be established, or such department or departments as may in the future succeed it.
DETENTION BASIN
Stormwater flow to a basin at which surface water runoff is temporarily stored pending its release at a controlled rate.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN
The provisions for development of land, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, shared use paths, driveways, sidewalks and parking facilities, common open space, and public facilities. The phrase "provisions of development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DIAMETER AT BREAST HEIGHT (DBH)
A measure of a tree trunk diameter in inches, taken at 4 1/2 feet above the natural ground line. The measured section of the tree should be free of branches and representative of the typical age of the tree species. DBH measurement is applied to existing trees (compared to caliper used for nursey stock).
[Added by Ord. No. 1067, 4/8/2021]
DIRECT ACCESS
A method or route to gain access to a public street, whereas lots must abut the right-of-way of a public street or have access to a public street via private street(s) that meet the criteria for subdivision on a private street.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading, or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer, or other structure designed, intended, or constructed for the purpose of carrying, diverting, or controlling surface water or groundwater.
DRIPLINE
The boundary created by the outermost branches of a tree.
[Added by Ord. No. 1067, 4/8/2021]
22Dripline.tif
DRIVEWAY
A vehicular accessway from a street into a lot.
DWELLING
Any building or portion of a building designed and used as a residence(s) and having separate living, cooking and sanitary facilities, used as living quarters.
DWELLING UNIT
A dwelling used by one family or single housekeeping unit.
EASEMENT
A grant of one or more property rights for a portion of land by the landowner to and/or for the use by the public, a corporation, or another person or entity.
ELEVATION
Height, in feet, of a point on the ground above sea level or above existing soil level.
ENGINEER
An individual licensed and registered to engage in the practice of engineering in Pennsylvania. A professional engineer may not practice land surveying unless licensed as set forth in P.L. 534, No. 230; however, a professional engineer may perform engineering land surveys.
EROSION and SEDIMENTATION
Erosion, the process by which the land surface and/or subsurface is worn away by the action of natural elements; sedimentation, the process by which mineral or organic matter is accumulated or deposited by the movement of wind and water, or by gravity.
EVERGREEN TREE
A tree, either single-stemmed or multistemmed (clump form), which is a minimum of six feet tall at planting and is a species which at maturity can be expected to reach a height of at least 20 feet. See the Township's official plant list for a listing of permitted evergreen trees.
[Added by Ord. No. 1067, 4/8/2021]
EXCAVATION
An act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
FARM-BASED BUSINESS
A scale of operation essential to farm activities and based on production of products. This use shall be considered of similar nature and function as a home-based business.
[Added by Ord. No. 1067, 4/8/2021]
FILL
Any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface; the difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade; the material used to make fill.
FINANCIAL SECURITY
Cash or irrevocable letters of credit and restrictive or escrow accounts in a lending institution which is federally or commonwealth-chartered, used for the purpose of guaranteeing the expense of completion of improvements for a plan or a plat, or a bond with a bonding company acceptable to the Township.
FIRE APPARATUS ACCESS ROAD
A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms, such as "fire lane," "public street," "private street," "parking lot lane" and "access roadway."
FIRE CHIEF
The Chief of the Alpha Fire Company or a duly authorized representative.
FIRE DEPARTMENT CONNECTION
Any hose connection utilized by the fire department to supply water to a built-in fire protection system.
FIRE FLOW
The flow rate of a water supply, measured at 20 pounds per square inch (psi) residual pressure that is available for firefighting.
FLOODPLAIN
Areas subject to inundation by a specified percent-annual-chance flood event generally determined using approximate methodologies.
FLOWERING/ORNAMENTAL TREE
A tree, either single-stemmed or multistemmed (clump form), which has a caliper of at least 1 1/2 inches at planting and is of a species which, at maturity, can be expected to reach a height of at least 10 feet. See the Township's official plant list for a listing of permitted trees.
[Added by Ord. No. 1067, 4/8/2021]
GOVERNING BODY
The Board of Supervisors, Centre County, Commonwealth of Pennsylvania.
GRADE
The slope of ground, street, or other public way, specified in percentage of change in elevation per horizontal distance; the act of altering the topography of undisturbed land.
GROSS FLOOR AREA (GFA)
The sum total of the floor areas of all floors of a building as measured from the exterior walls, inclusive of hallways, rest rooms and other space ancillary to the proposed use.
GROUND COVER
A low-growing perennial plant.
[Added by Ord. No. 1067, 4/8/2021]
HEDGEROW
A narrow linear vegetated area with a mix of woody trees and shrubs enclosing or separating farm fields and pastures.
[Added by Ord. No. 1067, 4/8/2021]
HERITAGE TREE
Any tree or stand of trees located on public or private property, of landmark importance due to age, size, species horticultural quality or historic importance that has a DBH greater than 36 inches or an age greater than 75 years, and has been approved as a heritage tree by the Board of Supervisors and which has been accepted by the tree owner or responsible party.
[Added by Ord. No. 1067, 4/8/2021]
IMPROVEMENTS
A construction or installation, including, but not limited to, of any of the following: streets, gutters, culverts, sidewalks, storm sewers, fiber-optic cable, water drainage facilities, utilities (gas, electric, telephone services), water system, fire hydrants, sanitary sewers, septic tanks, street signs, streetlights, and including cuts and/or fills.
INVASIVE SPECIES
Any plant that appears in the most recent invasive plants list published by the Pennsylvania Department of Conservation and Natural Resources (DCNR).
[Added by Ord. No. 1067, 4/8/2021]
IN-STREET BICYCLE PARKING
A portion of a vehicle parking lane or other area on a roadway that is set aside for the parking of bicycles.
LAND DEVELOPMENT
Any of the following activities: 1) the improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; 2) a subdivision of land; or 3) development in accordance with § 503(1.1) of the Municipalities Planning Code, as amended.[1]
[Amended by Ord. No. 1076, 3/15/2022]
1. 
Land Development, Major. A land development which does not qualify or classify as a minor land development.
2. 
Land Development, Minor. A development or a parcel of land which contains:
A. 
Not more than three detached single-family residential structures, whether developed initially or cumulatively on a single lot, as permitted by the Township's Zoning Ordinance. Proposed single-family residential structures that require a land development plan shall be reviewed by Township Staff and included on the consent agenda for the Board of Supervisors to approve or deny the plan.
(1) 
The following sections are not applicable to Minor Land Development Plans for single-family residential structures:
(a) 
§ 22-401, Subsection 1C(1)(g); and
(b) 
§ 22-401, Subsection 1C(1)(h).
B. 
The construction or alteration of a nonresidential building with a footprint or not more than 1,000 square feet, whether initially or cumulatively, provided that the construction or alteration does not result in the following:
(1) 
Installation of new vehicular access to or from a public right-of-way.
(2) 
Activities that would require the submission of a stormwater management site plan.
(3) 
Development within a floodplain or Nolin Soils.
(4) 
Changes to utility services including new service laterals to increase capacity or provide fire protection.
(5) 
Vertical expansions of more than two stories above existing structures; and
(6) 
A requirement of additional parking.
C. 
Conversion of an accessory structure to a residential unit.
D. 
The sole construction of a parking lot, as defined in this chapter.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lease, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LICENSED ENGINEER/LAND SURVEYOR
Licensed professional engineer or land surveyor registered by the Commonwealth of Pennsylvania.
LIMIT OF DISTURBANCE
Boundary line to be shown on a plan delineating the area outside of which no activity of any sort relating to transplanting, demolition, grading, construction, drainage, storage or any other project activities is permitted.
[Added by Ord. No. 1067, 4/8/2021]
LONG-TERM BICYCLE PARKING
Bicycle parking that is primarily intended for bicyclists who need bicycle parking for more than three hours and is fully protected from the weather.
LONG-TERM BICYCLE PARKING SPACE
A bicycle parking space that provides long-term bicycle parking.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The area contained within the lot lines of a single lot, excluding space within all public streets and plotted streets, but including the area contained in any easement, and generally expressed in terms of acres or square feet.
LOT CONSOLIDATION
The act of joining two or more contiguous lots, held in the same ownership, previously separated by subdivision into a single lot or tract of land by elimination of the common boundaries of such lots.
LOT LINE
A line generally established by metes and bounds, which, when combined with other lot lines, delineates a lot; a boundary line of a lot; includes "property line."
LOT, CORNER
A lot at the junction of and adjoining two or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135° or the radius of the street line is less than 10 feet.
LOT, DOUBLE OR REVERSE FRONTAGE
A lot with front and rear street frontage; a lot extending between, and having frontage on, an arterial and minor street.
LOT, INTERIOR
A lot other than a corner lot with only one frontage on a street.
MAJOR RENOVATION
Any physical improvement of an existing building or structure, excluding single-family dwellings and multifamily dwellings with four or fewer units, that requires a building permit and has an estimated construction cost equal to or exceeding $250,000, excluding cost of 1) compliance with accessibility requirements for individuals with disabilities under governing federal, state, or local law, and 2) seismic or other structural safety retrofit.
MARKER
A metal pipe or pin of at least 1/2-inch diameter (preferred 3/4-inch or 7/8-inch) and at least 24 inches in length (preferred 30 inches to 36 inches), which shall be used for survey purposes.
MASTER PLAN
A plan for future development of a park prepared by a consultant selected by the Township or a plan of said term as permissible by the processes of Chapter 27, Zoning. The master plan will identify the improvements that will be installed.
MODIFICATION
The granting of a change to a requirement of one or more provisions of this chapter.
MONUMENT
A stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (plug), and at least 24 inches in length (preferred 30 inches to 36 inches). The bottom, sides or radius shall be at least two inches greater than the top, to minimize movements caused by frost, which shall be used for survey purposes.
MUNICIPAL
Of or for the Township of Ferguson, unless specifically in reference to another municipality.
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
This organization is a national association established for the purpose of proposing standards that reduce the opportunity for injury or death from fire.
NATIVE PLANTS
A plant species indigenous to the Northeastern United States that occurs naturally in a particular region, state, ecosystem, and habitat without direct or indirect human actions.
[Added by Ord. No. 1067, 4/8/2021]
NET FLOOR AREA (NFA)
The sum total of the floor areas of all floors of a building as measured from the exterior walls, not including hallways, restrooms and other space ancillary to the proposed use.
NEW DEVELOPMENT
Any construction of a new building or facility that requires a building permit, excluding single-family dwellings and multifamily dwellings with four or fewer units.
NORTH POINT
An arrow on a plan depicting true North.
OFF-STREET LOADING SPACE
A space not located within any street right-of-way, used by motor vehicles for the temporary storage of trucks and other commercial vehicles while loading and unloading merchandise or materials.
OFF-STREET PARKING SPACE
A space not located within any street right-of-way, used by motor vehicles for the temporary storage of one motor vehicle.
OFFICIAL MAP
The Map established by the Township of Ferguson pursuant to an ordinance.
OPEN SPACE
A parcel or parcels of land incorporated within a subdivision that are used for passive and unorganized play areas. This land may include floodplain, wetlands, steep slopes, stormwater basins and drainage areas. The land set aside as open space may not be used towards calculating the parkland requirements of the subdivision.
OWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if the person is authorized under the lease to exercise the rights of the owner, or other persons having a proprietary interest in the land shall be deemed to be an owner for the purposes of this chapter; landowner.
PARCEL
See "lot."
PARKING BAY
A row of parking spaces abutting one another along the length of each space.
PARKING LOT
A facility providing off-street parking spaces for five or more motor vehicles.
PARKING, ON-LOT
The number of parking spaces required by this Chapter 22, Subdivision and Land Development, to be provided off street for each dwelling unit. These spaces are intended to serve the normal daily parking needs of the dwelling unit occupants.
[Amended by Ord. No. 1076, 3/15/2022]
PARKING: SPILLOVER
The number of parking spaces necessary in addition to those required by this section to provide for service vehicles and visitors. In calculating the number of spaces required, whether provided on-lot, on-street, or in common parking areas, the number of spaces to be provided in the specific location shall be rounded up to the nearest whole space.
PARKS or PARKLAND
A parcel or parcels of land designed and intended for the use or enjoyment of the residents of a subdivision or nearby residential areas, and such land must be dedicated to the Township for use as a park. Such land may not include wetlands, steep slopes, stormwater detention basins or drainage areas.
PERIMETER BOUNDARY
See "lot line."
PERSON
An individual(s), partnership(s), copartnership(s), association(s), corporation(s), limited-liability company(ies), limited-liability partnership(s), and any and all other entities.
PLAN, FINAL
The complete and exact subdivision plan prepared for official recording and as required by this chapter.
PLAN, PRELIMINARY
A general development plan prepared in lesser detail than the final plan, indicating the approximate proposed layout of a subdivision as a basis for consideration prior to preparation of the final plan.
PLAN, RECORD
A final plan prepared for recording.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 27, Zoning.
PLANNING AGENCY
Centre Regional Planning Agency and its designee, Centre Regional Planning Commission, as permissible as a regional planning agency defined by the Pennsylvania Municipalities Planning Code.[2]
PLANNING COMMISSION
The Ferguson Township Planning Commission, Township of Ferguson, Centre County, Pennsylvania.
PLANNING COMMISSION, COUNTY
Centre County Planning Commission, Centre County, Pennsylvania.
PLAT
A complete and exact map or plan of a subdivision or land development (and including, all required supplementary data), in lesser detail than a final plat, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plat.
PRIVATE STREET
A street which existed prior to January 10, 1989, which was not offered or accepted for dedication to public use.
PUBLIC GROUNDS
Public grounds include:
1. 
Parks, playgrounds, trails, paths and other recreation areas and other public areas.
2. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
3. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township Board of Supervisors or Planning Commission, intended to inform and obtain public comment prior to taking action, in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.[3]
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84, known as the "Sunshine Act."[4]
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC SANITARY SEWER SYSTEM
A system for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste at a site owned, leased or managed by a municipality or an authority.
REMOVED TREE
Any tree that is destroyed, injured or otherwise not protected according to the provisions of this chapter.
[Added by Ord. No. 1067, 4/8/2021]
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.
REPLACEMENT TREE
A tree required to be planted per this chapter to compensate for the removal or damage of existing trees on a site.
[Added by Ord. No. 1067, 4/8/2021]
RESERVE STRIP
A parcel of ground in separate (sometimes public) ownership, separating a street from the adjacent properties or from another street.
RIGHT-OF-WAY
An area of land that is legally described for the public or private provision of access.
RUNOFF
The surface water discharge or rate of discharge of a given area or watershed after a fall of rain or snow, that does not enter the soil, but runs off the surface of the land.
SANITARY SEWAGE DISPOSAL (PRIVATE)
A sanitary sewage collection system managed and operated under private auspices, in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
SANITARY SEWAGE DISPOSAL (PUBLIC)
A sanitary sewage collection system, managed and operated by a public agency, in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
SANITARY SEWAGE DISPOSAL, ON-SITE
Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot or tract of lots.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by the movement of wind and water, or by gravity. Once this matter is deposited (or remains suspended in water), it is considered sediment.
SEED
To plant an area of ground with grass or similar vegetative ground cover.
SETBACK or BUILDING LINE
The line within a lot defining the required minimum setback distance between any structure and the adjacent street line or between any structure and a side and/or rear lot line.
SHORT-TERM BICYCLE PARKING
Bicycle parking primarily intended for bicyclists who need bicycle parking for three hours or fewer.
SHORT-TERM BICYCLE PARKING SPACE
A bicycle parking space that provides short-term bicycle parking.
SHOULDER
The portion of a roadway (cartway) between the curb or gutter and the travel way, intended for emergency and parking use.
SIGHT DISTANCE
The length of cartway visible to the driver of a motor vehicle at any given point in the cartway when the view is unobstructed by traffic.
SIGNIFICANT TREE
Any tree or stand of trees located on public or private property that is of landmark importance due to age, size, species, horticultural quality or historic importance that has been approved as a significant tree by Ferguson Township's Tree Commission and which status has been accepted by the tree owner or responsible party.
[Added by Ord. No. 1067, 4/8/2021]
SLOPE
The face of an embankment or cut section; any ground the surface of which makes an angle with the plane of the horizon. Slope is expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
STEEP SLOPE
Land the slope of which (surfaces at an angle to the plane of the horizon) is 25% or more; a vertical difference of 25 feet or more per 100 feet of horizontal distance.
STORMWATER MANAGEMENT SITE PLAN
The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with Chapter 26, Part 4. "Stormwater management site plan" may be designated as "SWM site plan." The contents of the SWM site plan are established in Chapter 26, Part 4, Stormwater Management Site Plan Requirements, § 26-403, Plan Submission.
STREET
Includes "street," "avenue," "boulevard," "road," "highway," "freeway," "parkway," "lane," "alley," "viaduct" and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified according to the functions they perform. See also § 22-502, Subsection 4.
STREETS CLASSIFICATION MAP
A map, adopted by resolution of the governing body of the municipality, classifying existing streets within the municipality.
STRUCTURE
Any man-made object that has an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURED PARKING (PARKING STRUCTURE, PARKING GARAGE, or PARKING DECK)
A building (or part thereof) which is designed specifically to be for automobile parking and where there are a number of floors or levels on which parking takes place.
SUBDIVIDER
See "developer."
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
[Amended by Ord. No. 1076, 3/15/2022]
1. 
SUBDIVISION, MAJORAny subdivision which does not qualify or classify as a minor subdivision.
2. 
SUBDIVISION, MINORA subdivision of a parcel of land into not more than three lots, including the existing lot of record, where in each lot has direct access to and fronts upon any public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements. This includes:
A. 
Adjustment of lot line between lots where no new lots are created;
B. 
Consolidation of lot lines; and
C. 
Survey correction of property lines for townhomes and other attached dwellings after construction when in conformance with the previously recorded plan.
SURVEYOR
A surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land which gathers, or carries, surface water runoff.
THROAT
As pertaining to the length and width dimensions of a driveway.
22-202throat.tiff
TOWNSHIP
The Township of Ferguson, Centre County, Commonwealth of Pennsylvania.
TRACT
See "lot."
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land typically developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out with an interconnected network of streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
TREE
Any hard-wooded perennial plants, whether evergreen or deciduous, or a species which normally reaches a height of eight feet or more at maturity.
[Added by Ord. No. 1067, 4/8/2021]
TREE CANOPY
The layer of leaves, branches, and stems of a tree or trees that cover the ground when viewed from above.
[Added by Ord. No. 1067, 4/8/2021]
TREE COMMISSION
Ferguson Township's Tree Commission.
[Added by Ord. No. 1067, 4/8/2021]
TREE CONDITION
An assessment of tree health and structure by the Arborist or a qualified arborist as approved by Ferguson Township's Arborist.
[Added by Ord. No. 1067, 4/8/2021]
TREE PROTECTION ZONE
An area approved by the Arborist that is radial in all directions to the trunk of a tree to be protected. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline (the line marking the outer edge of the branches of the tree), whichever is greater. Where a group of trees or woodlands is to be protected, the tree protection area shall be the aggregate of the protection areas for the individual trees.
[Added by Ord. No. 1067, 4/8/2021]
TREE RISK RATING
A method that ranks both the relative degree of risk and consequence of tree failure by considering tree condition and defects, the size of the tree part prone to failure and the vulnerability and value of any target that may be struck. Tree risk ratings include:
[Added by Ord. No. 1067, 4/8/2021]
1. 
IMPROBABLETree is not likely to fail even in severe weather.
2. 
POSSIBLEFailure could occur but is unlikely during normal weather conditions.
3. 
PROBABLETree failure is expected under normal weather conditions.
4. 
IMMINENTTree failure has started or will occur in near future.
TREE SURVEY PLAN
Plan identifying the size, location, species and canopy of all existing trees having a diameter at breast height (DBH) of six inches or greater.
[Added by Ord. No. 1067, 4/8/2021]
TRUE TO VARIETY
A guarantee from a nursery that each shade tree ordered is healthy and true to name.
WAIVER
An application-specific decision, as made by the Township Board of Supervisors, that a stipulated provision(s) within this chapter is no longer applicable.
WALKWAY
A right-of-way intended to furnish access across a block from one street to another.
WATERCOURSE
A permanent stream; intermittent stream; river; brook; creek; or a channel or ditch for water, whether natural or man-made.
WETLAND
Any area defined as a wetland by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
YARD
An unoccupied space, open to the sky, extending from the lot line to a structure. The size of a required yard shall be measured as the shortest distance between the structure and lot line.
1. 
FRONT YARDAn open space area extending along the full width of a lot parallel to the front property line or adjacent street right-of-way line, whichever is the closer to the property, which area is unoccupied and obstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
2. 
SIDE YARDAn open space area extending along the side of a lot parallel to the side lot line, which area shall extend from the front yard area to the rear yard area, except that, in the absence of a rear or front yard area, the side yard area shall extend the full length of the lot.
3. 
REAR YARDAn open space area extending across the full width of a lot parallel to the rear property line or adjacent street right-of-way line, whichever is closer to the property, which area is unoccupied and unobstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
4. 
BUFFER YARDAn open space inclusive of vegetation and designed to provide an area of separation between different districts or uses.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.